A dad-of-two accused of firing CS gas at a woman w

A dad-of-two accused of firing CS gas at a woman was today (MON) cleared after a bungle by police.

Jobless Barry Howard, 27, was said to have discharged a canister at Jasmin Harewood after a row in a Post Office.

When police arrested him, Howard immediately told them there was CCTV footage of the clash which would prove he acted in self-defence.

But the lead was not followed up – and by the time an officer tracked the tape down, it had been recorded over.

Charges of administering a noxious substance and common assault against Howard were today dropped at the Old Bailey.

Judge Michael Coombe said: ‘It may be the defendant is very lucky, but no-one will ever know.

‘I am very unhappy about this.

It seems to me the officer had a duty to go back and double-check, and he failed to do so.

‘If this trial went before a jury, the defence would have a great disadvantage.

There was a clear failure to investigate here.

‘

But Howard’s joy at being cleared was short-lived – he was sentenced to three months jail for possessing the CS gas in the first place.

The court heard that Howard got into trouble after Ms Harewood approached him at a Post Office in Dartmouth Row, Lewisham, south-east London, on February 21 this year.

She began hurling abuse at him, and a friend of his gave him the gas canister for protection.

He claimed that Ms Harewood then went to the boot of her car to get out some tools and, fearing he would be attacked, he discharged the gas at her.

Police tried to obtain CCTV footage from nearby Goldsmith College, but the tape was being viewed by another officer investigating a bike theft.

When Howard was arrested at home two days after the incident, he admitted his part and said there would be video footage available to show what happened.

A constable then checked with Lewisham Borough Council, who confirmed it – but by the time he went to retrieve the tape a month later, it had been recorded over.

Simon Stirling, defending, said: ‘This defendant was deprived of some significant and material evidence which was likely to be of benefit to him.

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Skinhead Howard, of High Street, Orpington, Kent, has previous convictions dating back to 1989 including theft and actual bodily harm.

He admitted possessing a prohibited weapon, and was jailed for three months.

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